Carolina Criminal & DUI Lawyer BlogA common misconception in North Carolina criminal cases is that the person making an allegation, especially the alleged victim, can later decide to “drop the charges,” or “ask the Judge for a dismissal.”
It is understandable why someone might think that. In everyday life, we hear phrases like “I won’t 
press charges.” In reality, once law enforcement has arrested someone or a warrant, criminal summons, or citation has been issued, the authority to proceed rests with the State—not necessarily the witness or alleged victim.
To be clear, prosecutors certainly consider what prosecuting witnesses have to say. Indeed, some charges, such as “crimes against the person” (like simple assault, assault on a female, offenses involving the impairment of the defendant, etc.) are subject to the North Carolina Victims’ Right Act.
This post explains who actually decides whether charges move forward, clarifies when (and how) a case might be dropped, and highlights why it helps to speak with a lawyer if there are questions about the process.
If you or a loved one faces criminal allegations in Charlotte, the team at Powers Law Firm may be able to help. Call or text 704-342-4357 for a confidential consultation or visit CarolinaAttorneys.com.
What Does “Dropping Charges” Mean in NC?
In North Carolina, criminal charges are brought in the name of “the State,” not in the name of the person making the complaint or criminal allegation. That is why official court proceedings are labeled “State of North Carolina vs. [Defendant’s Name].” Sometimes lawyers use shorthand, referring to the case as “State v [Defendant’s Last Name].” Once a charge has been filed, the local District Attorney’s Office is primarily responsible for deciding if a case is prosecuted, reduced, or whether a voluntary dismissal of the charges is entered.
Victims Do Not “Prosecute” the Case
While a cooperating witness (or complaining party) can explain what happened, testify in court, and give input about their wishes, they do not have unilateral power to end the prosecution. The District Attorney evaluates whether there is enough evidence to move forward. The prosecution may still proceed even if a witness or alleged victim is reluctant to participate. Put simply, they can’t just decide, “I’m not prosecuting.”
Role of Law Enforcement
While officers investigate possible offenses and gather statements, they also do not have the final word about dismissing charges. This too can be confusing because some police officers tell the accused, “I’ll let the ADA or judge know you were cooperative.” Police also are not always required to tell the truth to people they’re investigating.
Indeed, offering to “put in a good word for you” is an all too common tool to get a confession. Police bring charges and arrest people because they think they’re guilty and need to be prosecuted, not because they hope the charges will be dismissed.
Regardless of what you may have been told, here’s what is important: The State (the District Attorney) carries the Burden of Proof and therefore it’s their job to decide whether to prosecute or enter a dismissal without leave.
Prosecutors consider what officers (and other witnesses) may have to say about the final disposition of a matter. It’s also not unusual for the State and defense attorneys to discuss the respective positions of those involved with criminal charges during plea negotiations.
The ADA assigned to the case makes the final call. After a warrant or criminal summons is issued or an arrest is made, the matter has already shifted into the judicial system for disposition.
Recalling a Warrant: Orders for Arrest & How Things Work
Reasons the State Might Enter a Voluntary Dismissal of Charges
Even though a witness cannot drop charges alone, the prosecutor can choose to dismiss or reduce a case in appropriate circumstances. There are important exceptions, particularly matters involving implied consent offenses like DUI and Felony Death by Vehicle charges. Some contributing factors include:
- Insufficient Evidence
If crucial evidence disappears, witness credibility becomes questionable, or contradictions emerge that weaken the State’s case, the prosecutor may conclude they cannot meet the burden of proof which is Proof Beyond a Reasonable Doubt. - Witness Unavailability
If the main witness moves away or refuses to cooperate, it might affect the odds of conviction. However, a reluctant witness does not automatically guarantee a dismissal. Similarly, a prosecutor can demand the attendance of a witness for court proceedings through the power of subpoena and, for good cause, the Court (the Judge) may issue a Material Witness Order directing the detention of a necessary witnesses to ensure their attendance in court. - Interest of Justice
Sometimes a prosecutor decides pursuing certain charges no longer serves the public interest. This is more common in minor offenses where the accused has no substantial criminal history. - Program Participation
In some situations, defendants might enter a diversion program or deferred prosecution arrangement. If they comply with all requirements, charges can be dismissed or reduced later, if they’re deemed eligible for a deferral or conditional discharge.
It is important to note that no lawyer or witness can force a dismissal on their own. The final decision belongs to the DA’s Office and, in certain cases and following official court procedures, the Judge.
What is an Order for Arrest?
Possible Outcomes if Someone Wants Charges Dropped
An alleged victim who believes a prosecution should end may be able to share their viewpoint with the District Attorney or Victim/Witness Coordinator in Charlotte, but it does not carry absolute weight. The State may choose to continue if it believes there is sufficient evidence. Alternatively, the prosecution may be persuaded that a resolution without trial is appropriate. Here are some of the different options (as may be appropriate) given the circumstances:
- Voluntarily Dismissal
The DA files a formal dismissal, ending the matter. That does not equate to expunction of charges unless other legal steps are taken. - Reduction of Charges
Instead of dropping a charge outright, the State could lessen the severity (for example, from a higher-level misdemeanor to a lower one or felony charge to a plea to a misdemeanor) if there are legal or factual reasons. - Negotiated Pleas
Defendants sometimes reach plea agreements. Even if the original charge is not dropped, the final disposition may involve lesser consequences. - Full Prosecution
The State could move forward despite any private wishes for dismissal. Public safety considerations and internal policies might drive the prosecution’s strategy.
Emotional and Personal Reasons for Wanting a Dismissal
In some cases, the person who called the police may later reconsider. They may worry about the accused’s future, a family relationship, or the potential for a criminal record. Although these concerns are understandable, the courts balance them against societal interests and public policy.
- Domestic Conflicts: Situations with family disputes or domestic violence accusations can be complicated. Emotions may run high, and people sometimes regret involving law enforcement or saying things at the time in anger that weren’t necessarily true.
- Financial Hardship: Some complainants decide they do not want to see a friend or family member lose a job or be unable to work due to incarceration.
- Reconciliation Efforts: After the initial incident, those involved might reconcile with the intent that everyone can “just move on.”
The District Attorney still decides if proceeding is warranted. There may be procedures in place—especially in domestic violence cases—that prioritize community safety over a victim’s last-minute preference to end the matter.
If you are facing a criminal charge as a defendant, it is extremely important that you refrain from discussing the case with the prosecuting witness. Do not engage in any behavior that could be perceived as harassment, intimidation, or interference. Do not ask a friend or family to contact the alleged victim or talk to them on your behalf. Do not text, DM, or use electronic means of any form to contact the prosecuting witness. Doing so could negatively impact your case and potentially lead to additional legal consequences for violating the terms and conditions of release, revocation of bond, institution of new criminal charges and issuance of a restraining order or DVPO – Domestic Violence Protective Order (in appropriate circumstances).
Possible Defenses and the Role of Legal Counsel
Even if a victim or witness says they want to see charges dropped, we think people charged with crimes benefit from having a lawyer on your side who can:
- Analyze Evidence
Review police reports, gather witness statements, and check for any Fourth Amendment violations (improper searches or seizures). - Communicate with the Prosecutor
Lawyers often open discussions regarding the viability of the case and any extenuating circumstances. - Negotiate or Seek Deferred Options
There might be opportunities to resolve the matter without a permanent conviction. - Advocate in Court
If the State refuses to dismiss, counsel can defend at trial, cross-examining witnesses and challenging the State’s burden of proof.
Taking the Next Step
Common misconceptions about dropping charges can lead to confusion and frustration. Assuming the “victim” will dismiss the case or that charges will automatically be dismissed and/or you’re eligible for a deferral or conditional discharge simply because you have a clean record, is a mistake. If the State has enough evidence, it may continue prosecuting. That’s one reason we think speaking with a defense attorney in Charlotte is a good place to start.
At the Powers Law Firm, we review charges on a case-by-case basis, providing feedback on how prosecutors handle cases, possible options regarding deferred prosecution, plea negotiations, and the likelihood, if any, of getting charges dismissed. If you have questions about a pending case or the possibility of a dismissal, call or text us at 704-342-4357, or email Bill Powers at Bill@CarolinaAttorneys.com to learn more.
Moving Forward with Knowledge
Believing a witness can “just drop” criminal charges sometimes creates unrealistic expectations. In North Carolina, once a case is initiated, only the prosecution has that power. While witness input matters, it is not the final word. Understanding how cases proceed may help lower stress and lead to better decision-making.
If you need additional information on domestic matters or other state charges, feel free to explore our resources at CarolinaAttorneys.com. The lawyers at Powers Law Firm would be honored to discuss the facts of your case and possible strategies for moving ahead, whether dismissal is on the table or not. We’re located at 2412 Arty Ave, Charlotte, NC 28208.